November 4, 2011 The Praecipe, Victoria’s Legal Newsletter

This newsletter is published by the VBA approximately six times a year. It provides members of the local Bar with information about VBA events, the activities of its members and issues of importance to you. Comments can be emailed to [email protected]

IMPORTANT NOTICES:

1. The deadline for nominations for the Contribution to the Law Award has been extended to Friday November 18, 2011. If you have a suggestion for a nominee please contact any board member or email Kay Melbye at [email protected]

a. This award is presented annually to a member of the Victoria Bar who has had a significant involvement in the development of a legal issue during the year, and which involvement reflects positively on the legal profession.

2. Nominations to the 2012 executive of the VBA

a. If you or someone you know is interested in joining the executive of the VBA and receiving all the perks that position provides, please contact Roxanne Helme as soon as possible at: [email protected]

INSIGHTS INTO THE LOCAL BAR

We try to keep members informed on any developments within the local Bar. If you become aware of any members changing firms, passing away, receiving awards, or any issue that may be of general interest, please tell us.

Not sure how it was missed in the last edition, but we will mention it now so that it is official. Mayland McKimm Q.C. has been made a Provincial Court Judge in beautiful Vernon and Robin Baird has also been appointed but he was sent to another location - Surrey. Both were well known for their humour, the loss of which is already being felt in some circles.

George Jones Q.C., who is now 78 is starting with a new firm. After more than 25 years, he has left Jones Emery Hargreaves Swan to join Horne Coupar as associate counsel. This is only until he turns 84. Then who knows where he may end up.

Rolf Horne has left our fair city (during the week anyway) to take a position with the Legal Services Society in as of September 19, 2011. He hopes to still see many of us at various VBA functions in the future. The Praecipe, 2 Victoria’s Legal Newsletter

You should have seen this by now, but in case you missed it, Richard Stewart Q.C., Katheryn Berge Q.C. and James A. S. Legh are all taking a shot at running for bencher this year.

Hemminger Schmid has announce the return of David Marcus Schmid who has rejoined the firm after taking time off to pursue a postgraduate degree in Analytical Psychology in Zurich, Switzerland. David will continue to practice personal injury and family law at the Dockside Green office at 204-388 Harbour Road, while also building his private therapeutic practice in Jungian Psychoanalysis and Psychotherapy. The firm also recently welcomed Patrick Verrier at the Langford office and Jim Monier-Williams at the Dockside location.

Brent Reems has left Clay & Company to work for the government.

Nils Jensen is running for Mayor of Oak Bay as he obviously wants a low stress job welcoming those who move into that town with his own Welcome Wagon package.

Laura Simons is now practicing family law in town out of 1027 Pandora Ave and is at 250-532-9163.

Beacon Law moved one of their offices from Chatterton Way to 140-4392 West Saanich Road.

Brock Emberton has won the 2011 Westshore community award for Business Integrity

April J.E. Gilliland has ceased practising law (formerly at Velletta & Company) and is now focussing on writing (see: Haiku a Day- http://apriljegilliland.blogspot.com/) as well as selling artwork including paintings and pottery. She continues to sit on the Board of Governors and various committees of St. Margaret’s School. Check her out on Linked In: http://www.linkedin.com/pub/april-j-e-gilliland/2a/22a/a18 and follow her on Twitter: @ajegilliland. Write to: [email protected] or call 250-885-0060.

Devlin Farmer, who is originally from Victoria then Ottawa then Vancouver then Fort St. John then Boston, has returned to Victoria and after much deliberation agreed to join Brown Henderson Melbye as of November 1st .

Madam Justice Dorgan had the pleasure of presiding over the Call to the Bar on September 15, 2011. It was made all the more pleasurable as it included her daughter Elizabeth Stewart who articled with MacIsaac & Co. and move on to practice with Stevenson Luchies & Legh. As well, Roberto Alberto who articled with Marshall Allen & Massey and is now working at OSMV, Sherry Baxter who articled with Acheson Whitley Sweeney Foley, Ryan Bortolin who articled with Staples McDonald Stewart and will continue as an associate, Hana Boye who articled with Donovan & Company and has no plans on leaving, Christina Drake who articled with the Ministry of Attorney General and will stay there with the Civil Litigation and The Praecipe, 3 Victoria’s Legal Newsletter

Civil Forfeiture groups, Rex Grant who articled at Hemminger Schmid, Mark Gustafson who articled with James Freedman Kyle Law Corporation and will continue practicing there, Kyle Hamilton who articled with and will continue with Cook Roberts, Karl Hauer who articled with MacIsaac & MacIsaac and he plans to practice in Nanaimo, Joe Marrie who articled with Geselbracht Brown and also plans to practice in Nanaimo, Joshua Mohr who articled with Shields Harney and will open his own practice in Victoria, Denise Pritchard who articled with the Ministry of Attorney General and loved it so much she is staying. There were also three transfer candidates, Hubert Benjamin Casson, Lindsay Dawn Holland and Keith M. Leslie.

AWARDS

The VBA is pleased to announce the 2011 award winners, which were presented at the AGM on November 3, 2011, as follows:

Pamela Murray Award - This award is presented annually to a practicing member of the Victoria Bar who has constantly maintained high professional standards and who has contributed substantially to the well-being of the local Bar.

Mike Mulligan, though only called in 1998, has been a valuable asset to the legal community in Victoria and beyond. Mike practices exclusively in the area of criminal defence at a firm that he co-founded called Mulligan Tam Pearson. Mike is considered to be a bright and skilled specialist in this field, but what Mike is perhaps best known for is his continual advocacy on behalf of his profession, the justice system and access to justice.

Mike regularly provides interviews to media on these important topics. He is also frequently published in editorial pages of the local newspapers defending our justice system and our profession in a timely manner. His articles on access to justice are also compelling

Mike has served on the CBA Provincial Council and has been Chair of the local Criminal Bar section. He put forward the successful Law Society motion to censure the B.C. Attorney General for not allocating PST funds for legal aid (the most well-attended BC Law Society meeting in recent history). He has also traveled to Ottawa in 2011 as part of the National CBA Criminal Section to lobby the current government against their new crime bill. He consistently mentors and takes on temporary articled students in the Law Centre Clinical Program who appear on criminal matters in provincial court.

Based on his professional and personal accomplishments and reputation, it is without a doubt that Mike will continue to make a positive impact on our profession, and is a worthy recipient of the Pam Murray award. The Praecipe, 4 Victoria’s Legal Newsletter

Volunteer Award - This award is presented annually to a member of the Victoria Bar who has contributed significant efforts in a volunteer capacity, which have benefited directly or indirectly the Greater Victoria community and which reflect positively on the legal profession.

Bill Murphy Dyson has been active in the community, both legally and otherwise, since at least 1983. His volunteer involvement includes:

Chair, Oak Bay Tea Party Society (1998 to present) Board Member of Belfry Theatre Society (2005 to present) United Way leadership volunteer, United Way campaign cabinet, Victoria Battle of the Bar Bands Master of Ceremonies, Oak Bay Christmas Light up Master of Ceremonies, Oak Bay Centennial Committee Board Member, Royal and McPherson Theatre Society Director, Oak Bay Tea Party Society President, Oak Bay Little League Soccer Coach, Bays United Soccer Club, Volunteer Judge for BC Professional legal training course, Presenter at various CLE and Federation of Law Societies Conferences.

Somehow he even has time to practice law.

The Linda Barnes Award - This award is presented annually by the Victoria Bar Association to a support person (including secretaries, paralegals, book-keepers, receptionists, office managers etc.) who exemplifies proven excellence, professional courtesy and longstanding devotion in the service of their employer, the Victoria legal community and/or the Victoria Bar Association."

Blanche Bustin served as receptionist at Waddell Raponi and Turnham Woodland since 1993 and at 81 years of age still acts as a fill in receptionist. She excels at the simple things - a lovely phone voice, unwavering professional manner, and an organized and reliable way of working. She understands the vital importance of being the immediate face and personality of a business. She has an obvious empathy, and is stately and dignified but never haughty. She literally exudes a welcoming warmth. Her attractive professionalism inspired like minded behaviour on the part of other staff. She was regarded as irreplaceable by her workmates and they dreaded the day when she would finally "hang em up"

Blanche is the personification of the desirable working life. She has made everyone who works with her a better professional and a happier person. [Editor’s note: Blanche’s significant skills were reflected as well in her uncanny ability to recognise voices and remember phone numbers even after long periods of no contact.] The Praecipe, 5 Victoria’s Legal Newsletter

The VBA also provides an annual honorarium to a graduate of the UVic Law School. The Founder’s Award is in honour of Allen Cox, Hamish Gow and the Honourable Bob Hutchison, who with Murray Fraser helped organise the Law School here in Victoria. The award is given to a graduate who articles in Victoria and has shown an outstanding commitment to public service and relations with the profession during their time at the University of Victoria. The award for 2011 was presented to Caroline Alexander an articled student at Carfra Lawton.

The VBA also provides an annual scholarship to a new member of the Victoria Legal Secretaries Association who is a top student and stays to work in Victoria. The winner this year of the $250.00 award is Katrina Bystedt, who is now working at Stevenson Luchies & Legh.

FUTURE EVENTS

1. December 7, 2011 - Christmas lunch at the Union Club [Remember, this is the opportunity for principals to introduce their students to the local Bar – please bring them along]

2. December 8, 2011 - Call to the Bar in Victoria

3. February, 2012 there will be a dinner with Supreme Court of Canada Justice Cromwell at the Empress Hotel

4. February 25, 2012 – Annual Curling Competition. This event takes only 4 players to make a team, only one of whom needs be a lawyer or staff member. The cost is $100 per team. If we are not going to lose this event too, we need people to sign up. Please make the effort to put together a team, or if you are a single willing to play sign up and a team will be made around you. Contact Shelley Spring at [email protected]

5. May 25, 2012 is the Lawyer-Accountant golf tournament.

6. April 17, 2012 is the date for the VBA Spring Dinner

7. June 20, 2012 is the date for the VBA Summer Dinner at the Deep Cove Chalet

RECENT EVENTS

September - VBA Golf Tournament – Well, it did not happen this year.

September 10, 2011 - VBA Softball Tournament – Well, it was cancelled after only three teams signed up.

November 3, 2011 - AGM at the Victoria Golf Club – Well, at least this was not cancelled. The evening was enjoyed by 153 members and comprised an excellent meal of tomato soup, Caesar salad, prime rib and chocolate cake. The awards were The Praecipe, 6 Victoria’s Legal Newsletter announced and the highlight was the presentation of the Linda Barnes Award to Blanche Bustin to whom the membership gave a standing ovation. Just goes to show how a professional and competent demeanour on the front lines of an office goes a long way both for the firm and the individual.

OTHER POINTS OF ORDER

CALL FOR BANDS: SEVENTH ANNUAL BATTLE OF THE BAR BANDS IN VICTORIA MARCH 30, 2012

Victoria’s 7th Annual Battle of the Bar Bands has been confirmed for Friday, March 30, 2012 at the Edelweiss Club in James Bay. For those lucky enough to have attended this year’s event, you know that the Edelweiss Club provided a great space with delicious food and well-priced libations, a great stage and a terrific dance floor that was well-used throughout the night by attendees and judges alike. They have sweetened the deal for 2012 with an added upstairs bar to ensure no band, woman or man goes thirsty.

Now that the date has been set, we are putting out a CALL FOR BANDS to participate. If you are interested in entering a band in this event, kindly email [email protected] or [email protected] with your name and band information as soon as possible. The deadline is March 2, 2012. Please keep in mind that, while points may be awarded for “legal content” of the band itself, it is not a requirement that all members be lawyers. Also, to spice things up, there will be bonus points for “eagerness” for the first 3 bands to register.

LOST (Lawyers On Stage Theatre) HAS DISAPPEARED

LOST was created a number of years ago in order to allow lawyers to assist in fund raising for Kaleidoscope Theatre and to have a good time in the process. You may have noticed that in the past couple of years, while there continued to be a fund raiser for Kaleidoscope Theatre, the number of lawyers who participated was declining. As a result, Kaleidoscope Theatre has decided to continue to produce a fund raiser but it will not be part of LOST.

This year, you can still, if you are interested participate but for now it will be as an individual. LOST was a worthy activity for lawyers to have been involved in. We assisted the local arts community in a significant way for over a decade. In turn those who volunteered their time made a substantial contribution towards maintaining the image of lawyers as important contributors to the wellbeing of our community.

To each of the lawyers, support staff and those associated with the legal profession who helped out with LOST over the years – THANK YOU. The VBA has been a better organisation as a result of it. Hopefully one day soon the tradition can be revived. The Praecipe, 7 Victoria’s Legal Newsletter

Kaleidoscope Theatre is seeking lively and talented performers for the annual fundraising Gala of Peter Shaffer’s AMADEUS - April 6, 7, 8, 2011 at the McPherson Playhouse, directed by CTV’s Stephen Andrew.

Auditions are being held: November 8th 6:00pm-9:00pm at Kaleidoscope Performing Arts Studio 3130 Jutland Road. Please prepare a Contemporary 1.5 Minute Monologue. Email: [email protected]

ACCESS PRO BONO

Access Pro Bono has launched a new website at www.accessprobono.ca. It is the product of many months of hard work and they made a conscious decision to focus the new site on the pro bono legal services that they offer to low-income British Columbians and how to access them, rather than the ins and outs of the organization (although that information is also available on the site. They will be adding more dynamic elements and more resources to the site in subsequent phases, including CLE-TV programs for pro bono lawyers, greater integration with Clicklaw, more BC- based legal resources, more videos introducing their programs and projects.

LAWYERS AND THEIR ALTERNATIVE ACTIVITIES

If you wish to share your other interests, or those of other members that may (or may not) be of interest, please email us at [email protected] for inclusion in the next Praecipe.

Christopher Mackie, who was the subject of our last commentary under this heading, subsequently was the victim in a serious motor vehicle/pedestrian accident. We all wish him a speedy recovery.

BENCHER’S REPORT

There is no report to report, but we are told that Kathryn Berge and Richard Stewart continue to show up to the meetings and will, if asked, pass on your thoughts.

CBA-BC REPORT

The Provincial Council Meeting began with reports from various members of the Executive Committee on their numerous meetings and activities since June 18, 2011.

During the Executive Director’s Report, Caroline Nevin informed Council that attending six professional development seminars with the CBA (at 50% of the regular price) pays for one year’s worth of CBA Membership. She also highlighted that while travelling, a CBA member can attend professional development in any province in Canada.

In answer to a question on how the national CBA and the BC branch of the CBA are connected, she stated that the organizations work as partners on issues although a lot of the work is done on the ground in BC. The national CBA is the face of the CBA The Praecipe, 8 Victoria’s Legal Newsletter to the Federal Government and the Supreme Court of Canada when making submissions.

CBABC launched a survey on the new Rules which went out to its members via email on September 19, 2011, with a deadline for comments of October 3, 2011.

Rural Education and Access to Lawyers

Provincial Council passed a resolution to pay $75,000.00 (which will match the Law Society’s contribution) to continue the REAL (Rural Education and Access to Lawyers) program through the summer of 2012.

As background, the REAL program initially began with funding from the Law Foundation in order to assist law firms in bringing summer students to rural areas in . The program is supported a Regional Career Officer hired by the CBA. This summer 20 students went to rural areas. REAL was also mentioned in Macleans Magazine this month as a great initiative.

In the last three years, 50% of the students who participated in the REAL program were offered and accepted articling positions. The goal is for the program to become self sustaining after the next two years of funding from the Law Society and CBABC.

WOMEN LAWYERS FORUM VANCOUVER ISLAND

The Victoria Women Rainmakers Section was renamed the Victoria Lawyers Forum, as it was felt that the Rainmaker title was alienating some women who work in government or as in house counsel in Victoria.

The opening event was held at the Marriott on September 29, 2011.

LAWYERS IN THE COMMUNITY - STORIES

The Council discussed the idea of going viral with stories on lawyers in the community. The initial idea is to post stories on You Tube and Facebook as a less expensive way to improve the image of lawyers. The idea would be to profile the good work of lawyers and law firms in the community.

Council participated in a lively discussion and brought up such points as whether the public needed education on what lawyers do both inside and outside of their practice, who would offer the message and how would it get to those who need to hear it, and whether the message should come from lawyers or from clients who have had a good experience with lawyers. Council members were encouraged to forward their thoughts to the executive for further discussion. The Praecipe, 9 Victoria’s Legal Newsletter

JUSTICE SYSTEM STORIES

The CBA’s Court Services Committee has also started “Justice System Stories”, to collect anecdotes of specific delays due to a lack of Court staff and facilities and how this is impacting clients. A form for documenting these delays and the impact that they have upon clients is available at: http://www.cba.org/bc/pdf/forms/CourtServicesIssueReport.pdf

The CBA would like to take these anecdotes to their annual meeting with the Deputy Attorney General and the Minister of Justice.

LEGAL AID COMMUNICATION PLAN UPDATE

There is a new Legal Aid Resources section on the CBABC website which contains case law, a history of Legal Aid, materials for the media as well as reports and research. The Communications Plan council agreed to in June is well underway. Over the summer, the CBABC engaged Angus Reid to conduct public opinion research about current perceptions of legal aid and what kids of messages resonate most strongly in terms of increasing public support for legal aid. One of the interesting results of the telephone survey was that after 30 minutes of talking about Legal Aid, the perception of the importance of Legal Aid went up 25%. Based upon all of the results, a campaign was designed that focuses on the key messages and images that are most significant to British Columbians.

The campaign to build support for legal aid funding was launched on October 13, 2011. It is primarily web-based, and focuses on engaging the public in a participatory conversation about the importance of legal aid. The goal is to ensure that government hears from voters and taxpayers that a decision to invest in legal aid is a sound choice that has public support.

The CBA has now completed three out of four videos on Access to Justice entitled “Why Legal Aid Matters”. Those videos can be found on Facebook and You Tube and everyone is encouraged to forward the videos on to both lawyers and non-lawyers.

UNIVERSITY OF VICTORIA REPORT

2011 HUGH ALAN MACLEAN LECTURE IN CRIMINAL LAW

UVic Law presents the 2011 Hugh Alan Maclean Lecture in Criminal Law on November 7 at 12 p.m. in Room 158 of the Murray and Anne Fraser Building. Professor Christine Boyle and Professor Emma Cunliffe of the University of British Columbia Faculty of Law will deliver their lecture “Children, Deaths and Criminal Justice: Traces and Transcripts”.

Boyle and Cunliffe are collaborating on research about child homicide in Canada. Their work focuses on: “errors of over-enthusiasm and under-enthusiasm for prosecution; errors made at the interface of non-legal expert knowledge and the The Praecipe, 10 Victoria’s Legal Newsletter

legal process; and errors related to a lack of imagination about the diversity of human experience.”

Boyle is one of Canada’s leading scholars in the fields of criminal law and evidence. Recent publications include “Reasonable Doubt in Credibility Contests: Sexual Assault and Sexual Equality” in the International Journal of Evidence and Proof. She has taught law at Queen’s University in Belfast, the University of the West Indies, the University of Windsor and Dalhousie University. She is the recipient of numerous teaching and research awards.

Cunliffe’s teaching and research interests lie in criminal law, evidence and research methodologies. Her most recent publication is Murder, Medicine and Motherhood (Hart Publishing, 2011). The book reflects her interests in unreliable experts, wrongful convictions, and women and criminal law. She received a Killam Award and the George Curtis Memorial Award for Teaching Excellence in 2010.

This lecture is registered as a Continuing Professional Development event with the Law Society of B.C. and is eligible for one hour of CPD credit.

MARK HADDOCK JOINS UVIC LAW

Environmental lawyer Mark Haddock joined the Faculty of Law as a senior instructor in September. Over the next academic year, he will teach Environmental Law and Science, The Administrative Law Process, and the Environmental Law Clinic’s Intensive Stream.

Haddock has specialized in natural resource and environmental law during his career and has worked with West Coast Environmental Law, the Sierra Legal Defence Fund (now Ecojustice), the Department of Justice and the Department of Indian Affairs and Northern Development. He is also a past member of the Forest Practices Board of British Columbia.

Prior to joining the Faculty, Haddock taught environmental law at the University of British Columbia, Royal Roads University and the British Columbia Institute of Technology.

Haddock holds a Bachelor of Arts degree (Honours) and a Bachelor of Laws degree from the University of British Columbia. Recent publications include Environmental Tribunals in British Columbia and Environmental Assessment in British Columbia, which were produced in conjunction with UVic’s Environmental Law Centre. The Praecipe, 11 Victoria’s Legal Newsletter

CHIEF JUSTICE LANCE FINCH TO SPEAK AT UVIC LAW ON NOV. 22

The Honourable Chief Justice Lance Finch of the British Columbia Court of Appeal will visit the law school on November 22nd to talk to students on the topic of “Challenges and Changes in Litigation”. The presentation will take place in Room 158 of the Murray and Anne Fraser Building, starting at 12:30 p.m.

Later that evening, Justice Finch will be honoured by the University of Victoria with an Alumni Legacy Award, in recognition of his outstanding legal career, his contributions to B.C.’s judicial system (both in the Supreme Court and the Court of Appeal) and his interest in access to justice issues.

-A paid Advertisement- The Praecipe, 12 Victoria’s Legal Newsletter

2011 VBA EXECUTIVE

President Roxanne Helme Past President Charlotte A. Salomon Vice President Kay Melbye Treasurer Pinder Cheema QC Secretary Darren Williams Social Co-ordinators Susen Rotto and Shelley Spring Directors: Nan Aulakh, Bronwen Bell, Kismet Bhandar, Paula Donnachie, Derek Jackson, James Legh, Renee Mulligan, Mitch Selly, Neil Carfra and Crystal Gill. Bencher Representatives Kathryn Berge and Richard Stewart CBA Representative Carmen Rogers UVic Liaison Donna Greschner

2012 VBA EXECUTIVE

As announced at the AGM, the executive for 2012 will be:

President – Kay Melbye Vice President – Darren Williams Treasurer – Pinder Cheema Secretary – Susen Rotto Social Coordinators – Shelley Spring and Kismet Bhandar Past President – Roxanne Helme Nan Aulakh and Derek Jackson are stepping down as directors and Ron Dumonceaux will join the board. The other members are Bronwen Bell, Kismet Bhandar, Paula Donnachie, James Legh, Renee Mulligan, Mitch Selly, Neil Carfra and Crystal Gill.

EXECUTIVE MEETINGS

Our meetings are held monthly, usually in the Barrister’s lounge at the Court House, (unless moved in conjunction with another event such as the spring dinner). If you wish to bring a matter to the attention of the Board or to participate in a meeting, please contact Roxanne Helme at [email protected]

LETTERS TO THE EDITOR

Dear Praecipe Editor, Re: Involvement of Young Lawyers I recently heard rumblings from more experienced counsel that the perception of young lawyers in Victoria is that they are not involved and don’t participate in VBA events. This perception does not accurately or fairly describe myself or the majority of my colleagues. Many of my colleagues are highly involved with CBA Sections, their firms, pro bono work, charitable organizations, sports teams, marathon The Praecipe, 13 Victoria’s Legal Newsletter training, business development, and the list goes on. In any event, I wanted to get to the bottom of this, so I polled a number of my colleagues for their thoughts on this perception and received the following enlightening responses. I hope you find them enlightening too: 1. Some junior lawyers are not athletically inclined, so events focused around a particular sport do not necessarily appeal to this group, and attendance at these events is not an accurate indication of whether or not we are (or would like to be) involved. 2. The price of some events can be a deterrent. Some junior associates have families, mortgages or law school loans, and haven’t budgeted for the cost of these events. We all have to obtain our 12 CPD credits, so we go to events. We just have to be judicious about the ones that we select. 3. Advertising for VBA events is lacking. Many people just don’t hear about the events until it is too late or they have already made plans. If someone doesn’t hear about an event, and then doesn’t go to the event, it’s hardly fair to criticize that person for not attending when they had no notice in the first place. 4. There are a number of worthwhile, fun and rewarding opportunities to become more involved that many of us would like to go to but can’t because of time constraints or competing events. 5. It is important for us to be great lawyers. We have to work and build our law practices, which involve working long hours, and then we have to take care of ourselves and spend time with our friends and family when possible. Some feel that there isn’t even enough time to do these things. 6. There are fewer younger lawyers than there are more experienced lawyers, so it seems as though there aren’t very many younger lawyers in comparison. This is a reality of our profession’s demographics in Victoria. 7. We ARE involved! Many of us are on executives, boards, and councils, and there should be some recognition of that. The overall consensus was that if we want more participation from young lawyers, these are some tips to keep in mind: 1. Have free or inexpensive events. Vancouver Island has a number of great hiking trails and parks. A hike or BBQ picnic where lawyers can bring their families would be a good draw. A potluck would also be a good idea if someone would be willing to open up their home, or perhaps senior counsel could sponsor a junior lawyer to attend events with them. 2. Use different forms of advertising. A variety of communication approaches should be used. The Praecipe is informative, but it doesn’t come out very often. Emailing members of the VBA more regularly, and directly, would keep them informed about upcoming events. Also, having conversations with young lawyers about these events and personally inviting them goes a long The Praecipe, 14 Victoria’s Legal Newsletter

way. The young lawyer community here is quite close knit, and one of the reasons for the success of our events is that we communicate with each other to personally invite our friends and colleagues to events with us. Reaching out to individuals and sending out mass emails are at different ends of the communication spectrum, but they are extremely effective when used together. Additionally, not all young lawyers are members of the VBA. If we advertise more broadly, say, to all lawyers, then that may encourage non- members to join because of all of the great events that they hear about and want to be a part of. 3. Have different events. Organize a greater variety of events, such as wine (or beer) tastings, theatre nights, music bingo, or karaoke, in addition to sports events. 4. Be aware of what is happening in Victoria. Coordinate events with other groups, or be aware of other community events, so that there aren’t competing events for our time... and, going forward, the VBA Softball Tournament should not be scheduled for the same day as the Great Canadian Beer Festival. 5. Don’t generalize based on limited information. Lawyers are generally ambitious, self-motivated and hard-working. Young lawyers are lawyers. We are working hard to make names for ourselves in the community, and it is disheartening to hear more experienced counsel tell us that our generation doesn’t work as hard and isn’t as involved, when we do and we are. We are just doing it in different ways. I do not pretend to write on behalf of all young lawyers in Victoria, so please do not take these comments as such. This is merely a summary of responses that I have received. At the end of the day, the premise of good attendance is simple: people want to go to events where they think they will have a good time, and people usually have a good time at events where others are friendly to them and they don’t feel awkward. Walking into a room full of strangers can be energizing for some, but for most it is slightly terrifying: what if no one is nice to me? It’s like the first day of school all over again. Knowing that friends, or someone that has specifically invited you, will be attending can be the very reason for going to an event regardless of what it actually is. I think there would be a surge in attendance at VBA events if more experienced counsel specifically invited younger lawyers to attend, and attended themselves. Thank you also to those of you who helped me with my research! I really appreciate your time and feedback, as I know how busy you are. My hope is that this information will help to increase the success of the already wonderful VBA events, and not to minimize any of the hard work and organization that go in to planning each event. None of these events would even occur without the countless hours that the VBA Executive and other volunteers dedicate to making our legal community a better (and more social) place, and I thank you for your commitment and effort. Yours very truly, Krystle Gill The Praecipe, 15 Victoria’s Legal Newsletter

CONCLUSION

We live in troubled times, at least it seems that way. I must say that the current, apparent lack of involvement, by lawyers generally in some bar events, is indicative of something. Interest appears to be so low in getting together for golf, baseball and curling that two of the events were cancelled this year and perhaps in the future. LOST, which has been performing for over a decade will not put on a show next year. Not all is lost perhaps, but as with other signs of stress in the environment, one should sit up and take notice. Another stress in the world of law might be that reported by the Globe and Mail that 12 per cent of Ontario law school graduates were unable to get articling jobs in The Praecipe, 16 Victoria’s Legal Newsletter

2011, which they suggested could be an “articling crisis.” [Typical media attempt perhaps to create a sensational issue where little exists]. They report that there are more law graduates and downtown firms at least are taking few students. They then quote Lorne Sossin, the dean of Osgoode Hall Law School who apparently believes articling is invaluable, but opposes keeping it as a mandatory requirement for going on to practice law: “It shouldn’t be the bottleneck that keeps qualified graduates of law school from having a chance to contribute.” These concerns are related. We need to maintain articles and we need lawyers to participate in social activities that involve other lawyers. We are a profession. We are not just doing a job. For a few, their work as a lawyer is just a job; however for the majority it is and must be much more. It is a form of bond that strengthens our ability to be lawyers, gives us status in society that we need to do our work and helps us maintain a civil and safe society. We each recognize that there exists an instant connection when we meet another lawyer. I make a habit of not speaking much on airplanes to strangers. I often have work or use the time to read. However on one memorable and long flight, I sat beside a person who turned out to be a lawyer. It led to a long and enjoyable discussion that was wide ranging and engaging. It was like talking to a friend about common interests and pasts. Simply because they were a lawyer. The essence of being a lawyer does not just come from attending law school. It is a process that takes time beyond that first year of call. It derives from living similar experiences, a focus by us all on a narrow part of our social contract (the implementation of the law) and to an extent the exclusiveness of being part of the “club”. Our Society cannot afford to lose the profession of law. Law cannot become simply a job. Peace, Order and Good Government requires a strong and independent legal profession. The profession is, in part built upon articling. It provides a unifying background that we all go through. It helps to a small degree; to determine if people are suitable for the profession. It helps build that essence of a lawyer. In the same vein, social activities involving lawyers enjoying some time together are critical to the maintenance of a profession and the camaraderie that should exist among the majority of lawyers. It is not relevant that you do not play golf very well, cannot throw a ball or cannot sing. There are always roles you can play. The key is to be involved, to interact with lawyers in an environment outside of the office. It is fundamentally important, if you are going to be a good lawyer, to know other lawyers and see them as more than just adversaries or co-workers. So, for the sake of society and to ensure that our grandchildren are able to enjoy a life at least as prosperous as ours has been; play a game of golf once a year, try to curl, get a baseball team together and if asked, try out for a small part in a play. [This last sentence may be a little over the top] It is not good enough to say I am too busy, not interested or the sometimes mentioned, “I do not like other lawyers”. You are part of the legal profession, you need to embrace and enjoy it. That will only come from participating. jasl